Russellville attorney Keith Coker is attempting to unseat Pope County District Judge Don Bourne, a contest that will attract voters from throughout the county.

Early voting is already under way at the Pope County Courthouse, with the election to take place on Tuesday.

A former deputy prosecuting attorney, Bourne was selected by a Democratic caucus in 2001 to replace Dennis Sutterfield, who resigned after he was elected as circuit judge. At that time, judges ran as part of a political group, although state law now requires them to run independently.

Bourne was Russellville's city attorney and previously served as the former district prosecutor John Bynum's chief deputy prosecutor to before he was selected as district judge.

Coker, the brother of Circuit Judge Ken Coker, is also a lay pastor and elder at Central Presbyterian Church. He has practiced law in Russellville for more than a decade, handling a variety of cases.

The two candidates were asked a group of questions concerning the position and their views on specific aspects of the job:

1. Beyond the hearing of criminal, civil and small claims cases, define the role, as you see it, of the Pope County District Judge.

Bourne: "As district judge, I also hold bond hearings for felony prisoners every Monday, Wednesday and Friday. Since I go to the jail for hearings, this frees up the circuit judges' time, and the police and sheriff do not have to transport the prisoners. Not having to transport prisoners results in a great savings for the city and county, and the community is safer since the prisoners never leave the jail.

"I believe the district court judge should be a leader in the community. I have been a leader, by serving in the local Bar Association for many years, and serving as president of the Pope County Bar Association a few years ago.

"A judge can further lead in the community in his church. I have been active in my church in many ways, including working with the youth pastor with my son's middle school class on Wednesday nights.

"I am further active in the community by serving in the Russellville Lions Club. As a member of that club, I help with the service projects and line up speakers for the club.

"I especially believe a judge should lead in community education. As District Judge, I oversee the Criminal Law Education Program for fourth-grade classes in the Russellville School District. In that program, students have an attorney visit their classroom, and then the students travel to the courtroom to observe court and ask the judge questions. The students then travel to the jail to see how prisoners are housed. Any fourth-grade teacher in the Russellville School District can tell the voters of the value of this program.

"I am hoping to expand the court's education efforts into the junior high schools of Pope County. We held a drug/alcohol abuse education program for the ninth-grade students in April at the Russellville Junior High School, and if things proceed as planned, we can expand that to schools in Atkins, Pottsville, Dover and Hector in the future. My goal and the school's goal is to educate students so they can avoid participation in the criminal justice system as they grow older.

"I believe a judge should lead by example, every day, everywhere he goes, and he/she should follow the Golden Rule by treating others as he would be treated."

Coker: "The Pope County District Judge also hears bond hearings and some search warrants for the circuit courts. However, I think the question asked is more comprehensive than just 'nuts and bolts.' The Pope County District Judge is first a judge and, as such, must be a role model for the community. Even the appearance of bias or impropriety should be avoided. The Pope County District Judge is also an educator. For many people, a day in district court is their only personal contact with the court system, so that encounter can shape that person's view of the court system and our government as a whole.

"A good judge, therefore, sees to it that the operation of the court, the demeanor of the judge and an atmosphere of professionalism all work together to reinforce respect for, belief in and support of our court system. Anything less is a disservice to the community."

2. The District Court typically hears most driving while intoxicated trials in the county. Are present punishments adequate to deter drunk driving in the community? If so, explain how. If not, how would you change the system?

Bourne: "Driving while intoxicated offenses are a problem now in Pope County. While I served as chief deputy prosecutor from 1987 to 1992 and as city prosecutor from 1987 to 2000, DWIs were a problem. DWIs are a problem statewide and nationwide.

"As judge, I speak personally to each person convicted of DWI. Each one must pay a substantial fine - $750 first offense, $1,500 second offense, $2,500 third offense. Second offense defendants normally must serve 10 days in jail, and third offense defendants normally serve 90 days in jail. After the third offense, the crime is charged as a felony.

"Persons convicted are also required to attend an alcohol education class and their driver's license is suspended. They are normally placed on supervised probation and often must attend defensive driving school. I ask each defendant if the punishment, expense and embarrassment of the conviction has taught them a lesson, and I warn each one not to become a repeat offender unless they want greater punishment.

"When the defendant causes property damage or personal injury while driving while intoxicated, I normally require additional jail time in an amount appropriate to match the harm caused by the damage/injury.

"No one has the magic answer for the DWI problem. That is why education, especially for young people, is so very important. Each time I encounter a DWI defendant, I have an opportunity to change his/her behavior in the future. I make that effort with each one.

"As deputy prosecutor for six years, city attorney for 14 years and judge for three years and four months, I have prosecuted or presided over thousands of DWI cases. That is a substantial level of experience that I bring to bear on this problem."

Coker: "DWI is a serious problem in our country and here in Pope County. The punishment in place for DWI convictions are adequate deterrents to most drivers. The penalties now include automatic suspension of all vehicle registrations upon arrest for a second or higher offense. The jail time and fines are on a level with the seriousness of the offense.

"However, the problem is not with 'most' drivers. A very small percentage of drivers get arrested for multiple DWIs. Multiple offenders have a high probability of having a drinking problem to the point of addiction. The numbers are even higher for those arrested for a third offense, and so on.

"For the driver with an addition problem, no punishment will deter them from drinking and driving. For those people, only extensive voluntary treatment or complete separation from the opportunity to drink and drive will keep them from re-offending. Sometimes that means jail, or in other cases it might mean some other form of separation or a combination of the two.

"What I would like to see change is more public education of what the penalties are for the various levels of punishment for the first, second, third and fourth convictions. There has been extensive work to inform the public about how drinking and driving accidents affect the lives of the victims of drunk driving, and that should continue. However, the penalties can only be an effective deterrent if the target audience is aware of them.

"Most drivers (and particularly young drivers) don't read the courthouse news in the newspaper where the penalties that are being applied are listed. The public needs to be better educated (through various means), about the specific punishments that offenders face."

3. What motivated you to run for District Judge?

Bourne: "I think it is natural for an attorney to desire to be a judge. In each profession there is a natural progression of advancement for persons in that profession. If a person has the right combination of education, skill and good fortune, then they can advance in a profession.

"In preparing for becoming a judge, I have put in time at other positions of responsibility as chief deputy prosecutor for six years, as city attorney and city prosecutor for 14 years, as a licensed attorney for almost 24 years. I prosecuted every week in district court for 14 years before I asked the voters to elect me as judge in 2000. I now seek re-election.

"Another factor I desire to point out is the difference in experience as prosecutor and experience as a defense lawyer. As a deputy prosecutor in circuit court, I filed hundreds of felony cases every year. As city prosecutor in district court, I tried 15 to 30 cases every week, with additional cases tried before a jury in circuit court after an appeal. Contrast that with the limited experience of a defense lawyer who may only have one case a month, or as few as two or three cases a year. That is a vast difference in the kind of experience a prosecutor gets. As city prosecutor, I tried hundreds of cases a year for 14 years.

"I ran in 2000 because I believed my training made me the most qualified candidate, and I believed I could help enforce justice in Pope County. I know I am still the most qualified candidate for district court judge, and I know I have been helping the citizens of Pope County."

Coker: "In making the decision to run, I first had to decide two things: 1. Am I fit for the job? And 2. Can I and will I do a better job than is being done now?

"In answering the first, I know that I have the knowledge and experience necessary to be a quality judge. I know that I have respect for the people and the court system. I also know that I have the demeanor and integrity to be a judge that this community can have respect for.

"Having answered those two questions, I had to decide that I wanted the job enough to hold myself out as a candidate in a public election, and to be willing to look people in the eye and tell them why they should vote for me. Campaigning can be a humbling and tiring experience, but I believe that I am the man for the job."

4. Under what circumstances should warnings be considered for those who commit traffic offenses?

Bourne: "Every case is different, but most cases fall into related categories. On minor traffic offenses, there are three or four broad categories: (1a) Young people (students), first offenders. These young people usually are required to go to defensive driving school, but do not pay a fine and the ticket does not go on their insurance record (reported to the state); (1b) Young people, repeat offenders. They usually have to pay a fine, although these defendants are more likely to get favorable treatment if accompanied by a parent; (2) Working adults. They normally must pay a fine if convicted, but may keep it off his/her insurance record if the fine is paid prior to, or on the day of court. Repeat offenders may pay increased fines; (3) Older folks (age 60-plus). They are very, very often given a warning because older people rarely commit traffic offenses and usually have clean driving records.

"When a young person with a minor traffic ticket comes to court with their mom or dad, I always ask the parent what type of outcome they desire - warning, defensive driving school, public service work or payment of a fine, or a combination of punishments. I can also suspend a driver's license for any traffic offense.

"My years of experience in dealing with traffic cases have enabled me to know which option is appropriate."

Coker: "Whatever the policy of the court is with regard to warnings or dismissals or alternative sentencing or 'second chances,' it needs to be enforced consistently. The factors to be considered are: (a) the seriousness of the offense; (b) the criminal history of the offender; (c) the impact of the offense on victims; (d) other circumstances which put the offense in context. I would try to be evenhanded in developing and implementing such a policy."

5. Until 2001, this position was a part-time position. Has the position been implemented to its full potential? If so, describe the most positive changes over the past three years. If not, what changes would you make?

Bourne: "When I was elected in the general election of November 2000, I took office Jan. 1, 2001. I asked the City Council and the Quorum Court to make the district judge's position full-time. The governing bodies agreed to my request. The city and county have greatly benefited. Court is held more often now than with a part-time judge, with speedier trials. There is no backlog of cases. Cases are set for trial 30 to 60 days after the defendant's first appearance. Speedier trials benefit the public, the defendant and the victim. Cases do not fall through the cracks due to a lack of a speedy trial.

"With a full-time judge, the city and county experience a great financial benefit because prisoners are rarely transported. With a part-time judge, prisoners were generally seen once a week at city hall. The prisoners had to be removed from their cell, shackled, loaded into a vehicle, transported with guards, unloaded, guarded in the court, seen by the judge, loaded again, transported again, unshackled and placed back in their cell. The manpower costs associated with loading, guarding and transporting prisoners was substantial. Every time a prisoner was transported, there was a risk of injury or escape.

"Since I became a full-time judge, all that trouble and expense is avoided. I go to the jail to see prisoners four days a week: Monday, Wednesday, Thursday and Friday. I see felony prisoners for bond hearings. I see misdemeanor prisoners for pleas or trials. Before, in the part-time system, a defendant charged with a misdemeanor could be arrested on Wednesday night and if he didn't make bond/bail, he would sit in jail until the next Tuesday before he would see the judge. That required housing and feeding a prisoner for up to six days. With a full-time judge, I see prisoners two to four times a week. Usually the defendant pleads guilty, is sentenced and is released if he/she has no other holds (felony charges or charges from other agencies). The cost of housing prisoners is greatly reduced.

"There is always room for improvement. Upon my re-election, I expect to continue to make improvements to benefit all of the citizens of Pope county. I especially intend to expand community and student education programs. I would like to expand the court's involvement with elementary and secondary students, and I would welcome greater involvement with university students."

Coker: "At this point, it's too early for me to make that judgment. If, after being in office for a while, I decided that there really wasn't enough work to require a full-time judge, I would be a bad steward of public resources if I didn't bring that to the attention of the Quorum Court and the City Council. However, as traffic increases on Pope County streets and highways, the court's caseload will continue to grow, and that will require more court resources, including continuing the full-time judgeship."